Appellate court reinstates Sammy Swift's murder conviction

Auburn, NY -- Sammy L. Swift, of Auburn, is heading back to state prison as a convicted killer – once again.

A state Appellate Court in Rochester today reinstated Swift’s 1995 convictions on second-degree murder and first-degree robbery. The ruling reverses the decision of Cayuga County Judge Thomas Leone, who last year vacated the convictions after new DNA evidence cast doubt for Leone on Swift’s guilt.

The decision was good news for county District Attorney Jon Budelmann.

“This saves the family from having to go through another murder trial 15 years later and it keeps a murderer from going back on the streets,” Budelmann said.

Swift’s family was devastated by the decision.

“The only thing I can say is we’ll continue to stay behind him .. . All we can do is keep on hoping,” son Darnell Daniels-Swift, of Auburn, said.

Swift was sentenced to 20 years to life after he was convicted in the April 1994 beating death of Stephen DeLuca, of Auburn.

Defense lawyer David Elkovitch said he will try to challenge the decision before the state Court of Appeals, the state’s highest court.

“The fat lady has not begun to sing,” Elkovitch said.

Leone tossed Swift’s conviction — pending the prosecution’s appeal — after new DNA evidence acquired long after the trial questioned the presence of any blood evidence linking Swift to the murder scene. In his ruling, Leone said he believed Swift would have been acquitted had that evidence been available at his trial.

However, at last month’s appeal in Rochester, Chief Assistant District Attorney Christopher Valdina argued there was ample corroborating evidence to convict Swift of the crimes and the panel of five judges agreed.

“This is a great outcome for the victim’s family and crime victims everywhere. Sammy Swift will now return to state prison as a convicted murderer,” Valdina said in a news release.

Sammy Swift Jr., of Syracuse, said he was disappointed his father was denied a new trial.